International technical assistance (ITA) plays an important role in the development of the economic and social sectors of various countries, including Ukraine. ITA performers are individuals and organizations involved in the implementation of projects and programs financed by international donors. One of the key features during wartime is the reservation of performers, i.e., the protection of certain employees from mobilization.

The reservation of performers involved in ITA is regulated by specific regulations, including Resolution No. 76 of the Cabinet of Ministers of Ukraine, dated January 27, 2023 (hereinafter referred to as Resolution No. 76). This resolution outlines the conditions under which ITA performers can be exempted from conscription for military service during mobilization.

First, in order to benefit from the reservation of ITA performers, they must be included in the relevant list approved by the Secretariat of the Cabinet of Ministers of Ukraine. If included in this list, the enterprise will be recognized as critically important for the functioning of the economy and ensuring the livelihood of the population during a special period. To do this, the enterprise should apply to the Secretariat of the Cabinet of Ministers, providing information about its involvement as an ITA performer, references to relevant projects, and other necessary details.

The ITA project for which the company is acting as a performer must also be registered with the Secretariat of the Cabinet of Ministers of Ukraine. The registration can be verified on the Secretariat's website, which updates the list of registered projects every month. If the project is not on the Secretariat's list, registration is required as a first step, as no further action is possible without it.

The current legislation does not specify the time frame for the Secretariat to consider an application for inclusion in the list of ITA performers. However, in practice, it takes about one month.

Secondly, once the company has been included in the list of ITA performers, it is entitled to reserve its employees. The company must prepare a justification statement, along with a list of conscripts proposed for reservation during mobilization and wartime. The format of this list is approved by Resolution No. 76. A certificate on the number of conscripts is not required, as there is no limit to the number of conscripts that can be reserved for ITA performers.

The package of documents must be submitted to the Secretariat of the Cabinet of Ministers, which then forwards them to the Ministry of Economy of Ukraine, which decides on the reservation of employees. It should be noted that the reservation documents can also be submitted electronically via the Diya portal.

Additionally, conscripts are eligible for reservation regardless of military rank, age, or military specialty.

The reservation is valid for 12 months from the date of the decision made by the Ministry of Economy of Ukraine.

The primary goal of the reservation is to ensure the continuity of international technical assistance projects, particularly under martial law. Since these projects often aim to support critical infrastructure, humanitarian needs, and economic recovery, the involvement of performers is crucial for national security and development.

The "ARES" law firm specializes in obtaining critical status for enterprises and reserving employees. Our lawyers can assist in preparing all the necessary documents, submitting them to the appropriate authorities, and tracking their progress. We have helped numerous companies reserve their employees, and we understand the intricacies of the procedure. So, if you are unsure where to start, feel free to contact our firm for assistance.